No MCI Rent Hike for Spot Pointing

Landlord applied for MCI rent hike for pointing and waterproofing, elevator upgrading, paving a parking lot, and installing a new front door. The DRA ruled for landlord in part, but disallowed any increase for the pointing and waterproofing. The DRA also disallowed part of the elevator cost since landlord previously got an MCI rent hike for work on two of the four elevators less than 25 years earlier. Landlord appealed and lost. To qualify as an MCI, pointing and waterproofing work must involve more than mere spot patching to repair current leaks or trouble spots. The work landlord performed was mere repair work. Except for the top of the parapet wall, which was pointed in full, the rest of the work consisted of spot pointing. The DRA also properly disallowed any increase for two of the elevators since the prior work hadn’t exceeded its useful life and landlord sought no waiver before doing the work.

451 Fulton Avenue: DHCR Adm. Rev. Docket No. WE710068RO (5/22/09) [10-pg. doc.]